Burton v. 1580 E. 13th St. Owners

NEW YORK COUNTY
Civil Practice

New York Law Journal

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Justice Joan Madden

Burton moved for leave to reargue and renew a prior court decision granting 1580 East 13th Street Owner's motion to dismiss the complaint. He sought to "enlarge the record" to include a 2002 letter from 1580's ex-managing agent, Bernstein. The court found reargument was unwarranted as Burton failed to establish the court previously overlooked or misapprehended relevant facts or misapplied governing law. It also concluded renewal was not warranted as Burton did not submit additional material facts not previously offered in connection with the prior motion so as to change the court's previous determination. The court noted that even if the letter was not included in the record on the prior motion, that court did not rely on the letter in deciding that Burton's first cause of action was time-barred. It stated the prior decision explained the court relied solely on Burton's informal judicial admissions in the complaint containing sworn statements by him that he formally requested in 2002 that 1580 issue him stock certificates and proprietary leases for the subject apartments and acknowledge that both units constituted unsold shares and Bernstein rejected the request. The court adhered to its prior decision, and denied the motion as time-barred.

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